HomeMy Public PortalAboutORD09664 BILL NO.
I '
I� INTRODUCED BY COUNCILMAN tij
® ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH
_Socal Construction Co. , 600 Eastland, Jefferson City, MO
. I
IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS :
�i SECTION 1. The Mayor and Clerk of the City are hereby
authorized and directed, for and in the name of the City, to
Iexecute a written contract with Socal Construction Co. , 600 Eastland
Jefferson City, MO
for the improvement of
i 1981 Sanitary Sewer Project, aPhase II, Hutton Lane Area, Boonville Rd. Area
and Landwehr Rd. Area
for the sum of $36,750.00
• II
SECTION 2 . A copy of said. contract is attached hereto.
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SECTION 3 . This ordinance shall take effect and be in
force from and after its passage and approval.
i
�) Passed: -�A R. /I,? Approved:
li I
r side of the Cou it M or
it Attest :
II I
Cit Clerk
: CoNTRAC'1' 1-01� 1'11191,1(: WORK
THIS CONTRACT , made and entered into this clay of ,
19 , by and between George Hartsfield, President of the City Council
of the City of Jefferson , Missouri , a municipal corporation of the third .
class of the State of Missouri , Party of the first Part , and who acts
for and on behalf of . the City of Jefferson,
Party, of the Second Part , WITNL•SSLTI-1:
THAT , WHEREAS , the City Council of the City of Jefferson, Missouri ,
did on the &I). of 19 award to the
Party of the Second Part , Socal Construction Co. , 600 Eastland, Jefferson City,
the contract for the improvement of 1981 Sanitary Sewer Project, Phase II
Hutton Lane Area, Boonville Rd. Area and- Landwehr Rd. Area
WOW, 'THEREFORE , for an in consideration of the awarding of this
contract and the work thereunder by said First Party hereto , the City of
Jefferson , Missouri , to the Second !'arty , Socal Construction Co.
the said Second Party does Hereby
contract and agree to do and perform said work , above specified and
referred to for the Following prices and to accept in payment therefore
monies now in the treasury of the First Party , upon the acceptance of
said work by the City COUncil of the said City of Jefferson .
QUAN'1'1'1'Y C LASS 1l:1 CA'1'1ON UNIT 1'1: l(.li A%10UN'1'
SEE ATTACHED PROPOSAL
Tli� i
t4tLA 'I' I 'I'Y t;LASSIFIcATI N PRIG.H, AMOUNT
Upon completion of the work , readjustments in the contract price
shall be made according to actual measurements and at the price per unit
specified in the contract.
NOW, BY ' HE'SIi PRESENTS, it is agreed and understood by the parties
hereto , that this contract is entered into subject to all ' ekisting ordin-
ances of the City of Jefferson pertaining to the work awarded and subject
to the plans and specifications and .estimates of the costs for work' on
file in the office of the City Clerk , and which shrill be considered a part
and parcel of this contract ; that all questions arising as to the proper
performance of this contract of such work in accordance witli' the plans
and specifications therefore , and estimates thereof , shall be decided by
the Director of Public Works of the City of Jefferson , Missouri , or by
such competent person appointed- by the Mayor and the City Council of the
City of Jefferson to supervise and superintend said work in the place of
and instead of such Director of Public Works ; that in the case of
improper coll.strllCti011 , the City of Jefferson reserves the right at any
tillle to slispCnd , l'C - .let or Order an entire rcconst. l'llct.loii of the work ;
that contractor ;Igrocs to commence work on or before a date to be
specified in a written "Notice to Proceed" and to fully complete the
project within s ty 0((0) _consecutive working days thereafter . 'file
City reserves the right at any time to susperlcl , re - i e t or order an entire
reconstruction o f . t lic; fork awarded and to declare the contract forfeited ,
• ITEMIZED PROPOSALS
• HUTTON LANE SEWER
P.S. NO. 387
ITEM NO. DESCRIPTION EST. UNIT UNIT EYTENSION
QUANTITY PRICE
1.0 8" Sanitary Sewer Pipe (In place) 1225 L.F. 4.00. 4900.00
2.0 8" Ductile Iron Pipe (In place) 7.5 L.F. 10.00 750.00.
3.0 Ditching and Backfilling"(0'-6') 1045.5 L.F. 3.70 3868.35
4.0 Ditching and Backfilling (6`-8') 153.5 L.F. 4.20 644.70
5.0 Ditching and Backfilling (8'-10') 50.0 L.F. 4.70 235.20
6.0 Ditching and Backfilling (10'-121) 51.0 L.F. 5.20 265.20
7.0 StandarA Manhole (0'-61) 7 EA. 640.00 4480.00
8.0 • Additional Depth Manhole 2.6 V.F. 75.00 195.00
(over 6 )
9.0 Standard Outside Drop (0'-2') 2 EA. 200.00 400.00
10.0 Additional Depth 7.0 V.F. 25.00 175.00
Outside Drop (over 2')
11.0 Standard Inside Drop 1 EA. 50.00 50.00
12.0 Concrete Encasement 70 L.F. 10.00 700.00
13.0 Rock Excavation 100 C.Y. 50.00 5000.00
.0 Connection to Existing Manhole 1 EA. 200.00 200.00
IT1:1UfIZED PROPOSAL
LANDIVEtiR HILLS ROAD
P.S. #388
ITEM NO DESCRIPTION QUANTITY UNIT IT EXTENSION
l.0 8" Sanitary Sewer Pipe (in. place) 617.29 L.F.• 4.00 2469.16...
2.0 Ditching and Backfilling 3.25 2006.19
(0'-6') 617.29 L.F.
3.0 Std. Tbnhole (0'-61) 3 EA. 640.00 1920.00
4.0 Additional Depth Manhole (over 61) •8,57 V.F. 75.00 642.75
5.0 Std. Outside Drop, (0'-21) 1 EA. 200.00 200.00
6.0 Additional Depth Outside Drop 10.53 V.F. , 25.00 263.25
(over 2')
7.0 Std. Inside Drop 2 EA. 50.00 100.00
8.0 Std. Lamphole 1 EA. 200.00. 200.00
9.0 Connection to Existing Sewer Line 1 EA. 200.00 200.00
10.0 Chat Replacement for Parking Lot 156.00 TOMS 7.50 1170.0
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BOONVILLE ROAD
PRIVATE SEINER NO. 309 EXTENSION
ITEM ITEM DESCRIPTION UNIT APPROX.• UNIT AMOUNT
NO. OUANT.. PRICE
8'•' Sanitary Sewer -Pipe .(in ,place) LF 404.0 4.00 1616.00
Ditching $ Backfilling 0-6 . LF 404.0 3.75 1515.00
Standard Manhole 0-6 EA 2 640.00 1280.00
Standard Lamphole EA 1 200.00 200.0
Connection to Existing P:tanhole EA 1 200.00 200.0
Concrete Encasement LF 10.0 10.00 100.0
Rock Excavation CY 10.0 30.00 300.0
Seeding and bkmlching LF 404.0 1.25 505.0
GRAND TOTAL $36,750.00
)gut Ll►;► t suCl► s►►vpcn fun , ru- lctl i ►J; or rccc�nst r►►� Ciun 01, f01'1CiL'UI•e
. .
"shall not affect the right of the City to recover ;ill damages and pen-
alties accruing or clue it by reason of the Contractor ' s non-compliance
with this contract. Liquidated damages of _ $100.00 Der day will be
assessed against the contractor for each day the work remains incomplete
following the completion date or extension thereof.
The Second Panty agrees to pay all classes and crafts of labor used
in the performance of this contract the prevailing Hourly rate of wages
as determined by the Department of Labor and Industrial Relations and
Second Party acknowledges that lie knows the prevailing hourly rate of
wages for all the classes and crafts of labor to be used in the perfor-
mance of this contract because lie has obtained the prevailing hourly rate
of wages from the contents of Special Wage Determination No . 1-026-127 ,
in which the rate of wages are set .forth.
The Contractor further agrees , as the Second Party , that he will
® keep ail accurate record showing the names and otcupation of all workman
employed by them in connection with the work to be performed under the
terms of this contract , which record. shall show the actual wages paid
to each of said workmen in connection with the work to be performed under
the terms of this contract , and agrees further that the aforementioned
accurate record shall he available and open at all reasonable liours
for the inspection b), the Director of Public 19orks or any other authorized
cu►ploycc of the (:it)! of .IefferS011 , Missouri . In complinr►cc with Llhc
Prevailing Wage Law , as /Amended in Sections 290 . 210 Lo 290 . 340 inclusive ,
Revised Statutes of Missouri , 1969 , effective October 13 , 1909 , not less
�l►c►r► Lite prcvailillg hourly rate of .i.n Lh�� J �• ffcrsoii l:ity urc;►
shall be paid to il.l workmen performing work under 1:16s contract ,
Sec-tion 290 . 250 The Contractor shall forfeit to the City Ten Dollars
($ 10) for each workman employed , for each calcild.11. (lay , ar portion
Lhe run C, stIch warkoiaii i s Im i.d .less I:h;1n the s t: i pu I ci ted. ra C.cs for any
•
work clone under said contract , by him or any subcontractor under 1iim.
Section 290 . 250 .
The Second Party agrees to completely indemnify and hold harmless .
® the City of Jefferson for any and all damages , injuries , actions , costs ,
attorncy' s . fees and all other expenses whatsoever, arising out of the
performance of said work whether the property or persons damages are .the
servants and employees of the Second Party , or third parties , in no
manner connected with said work . All intcrlineations , corrections , dole-
. .•
tions and changes herein have been prior to tho execution of this '
contract .
IN WITNESS WHEIZ13OF, the parties have hereunto set their hands and
seals this 30 clay of Se s >?,�„ ) 19 ?1
SOCAL CONSTRUCTION CO. CITY OF JEFFLIZSON, .lJISSOU[ZI
B (liy) '
President
�By)
Sec etary
1'liis .contract , executed in duplicate., one. copy being deposited in the
of6cc of— the City Clerk of the City of Jefferson , and the other being
ret"tirncd 'by the party of t•.hc Second hart.
National Bonding and Accident Insurance Company
Saint Louis,Missouri
Bond No. 1825-02-8
® PERFORMANCE BOND
Approved by The American Institute of Architects
A.I.A.Document No.A-311 February,1970 Edition
KNOW ALL MEN BY THESE PRESENTS;that(Hera Insert full name and address or legal title of Contractor)
Socal Constructors, Inc. 600 Eastland Drive Jefferson City, Mo. 65101
as Principal,hereinafter called Contractor,end,(Here insert full name and address or legal title of Surety)
NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY,a New York cwrporation
as Surety,hereinafter called Surety,are held and firmly bound unto(Here insert full name and address or legal title of Owner)
City of Jefferson Jefferson City, Mo. 65101
as Obligee,Hereinafter called Owner,in the amount of
Thirty Six Thousand Seven Hundred Fifty and no/100 Dollars ($ 36,750.00 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,
firmly by these presents.
WHEREAS,
Contractor has by written agreement dated September. 28 19 81,entered into a contract with Owner for.
Improvement of 1981 Sanitary Sewer Project, Phase 11, Hutton Lane Area, Boonville Rd.
Area 6 Landwehr Rd. Area.
in amordance with Drawings and Specifications prepared by(Here Insert full name and address or legal title of Architect)
which contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION is arrange for a contract between such bidder and Owner, and make avail-
such that, if Contractor shall promptly and faithfully perform said Con- able as Work progresses (even though there should be a default or a
tract, then this obligation shell be null and void; otherwise It shall succession of defaults under the contract or contracts of completion
remain in full force and effect. arranged under this paragraph) sufficient funds to pay the cost of com-
The Surety hereby waives notice of any alteration or extension of pletion less the balance of the contract price;but not exceeding, includ-
time made by the Owner. ing other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The term "balance
Whenever Contractor shall be,and declared by Owner to be in default of the contract price," as used in this paragraph, shall mean the total
under the Contract, the Owner having performed Owner's obligations amount payable•by Owner to Contractor under the Contract and any
thereunder, the Surety may promptly remedy the default, or shall amendments thereto, less the amount properly paid by Owner to
promptly Contractor.
1) Complete the Contract In accordance with Its terms and condi- Any suit under this bond must be instituted before the expiration of
tions, or two (2) years from the date on which final payment under the Contract
2) Obtain a bid or bids for completing the Contract in accordance fella due.
with its terms and conditions, and upon determination by Surety of the No right of action shall accrue on this bond to or for the use of any
lowest responsible bidder, or, if the Owner elects, upon determination person or corporation other than the Owner named herein or the heirs,
by the Owner and the Surety jointly of the lowest responsible bidder, executors,administrators or successors of the Owner.
Signed and sealed this , 18 day of September
Socal Constructors. Inc. - _ _-
(Principal) (Seal)
(Witness)
(Title)
National Bonding and Accident Insurance Company
BY 0 �.
NO 4773 Linda K. Moore Attorney-in-Fact
National Bonding mid Accident Insurance Company
Saint Louis,Missouri
Bond No. 1825-02-8
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects—A.I.A. Document No. A-311 February, 1970 Edition
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:that(Here insert full name and address or legal title of Contractor)
Socal Constructors, Inc. 600 Eastland Drive Jefferson City, Mo. 65101
as Principal,hereinafter called Principal,and,(Here insert full name and address or legal title of Surety)
N9tional Bonding and Accident Insurance Company,a New York corporation
as Surety,hereinafter called Surety,are held and frimly bound unto(Here insert full name and address or legal title of Owner)
City of Jefferson Jefferson City, Mo. 65101
as Obligee,hereinafter called Owne ,for the use and benefit of claimants as hereinbelow defined,in the amount of
Thirty Six Thousand Seven Hundred Fifty and no/100 Dollars Is 36,750.00 1,
(Here insert a Burn cqual to At least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS,
Principal has by written agreement dated September 28 1981 ,entered into a contract with Owner for
Improvement of 1981 Sanitary Sewer Project, Phase 11, Hutton Lane Area, Boonville Rd.
Area & La d�1ehr Rd. Aria.
in accordance with Drawings and Specifications prepared by(Here insert full name and address or legal title of Architect)
ich contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such or furnished the last of the materials for which said claim is made,
that, if Principal shall promptly make payment to all claimants as here- stating with substantial accuracy the amount claimed and the name of
inafter defined, for all labor and material used or reasonably required the parry to whom the materials were furnished,or for whom the work
for use in the performance of the Contract, then this obligation shall or labor was done or performed. Such notice shall be served by mailing
be void; otherwise it shell remain in fr-11 forcc and effect, subject, the same by registered mail or certified mail, postage prepaid, in an
however, to the following conditions: envelope addressed to the Principal, Owner or Surety, at any place
1. A claimant is defined as one having a direct contract with the where an office is regularly maintained for the transaction of business,
or served in any manner in which legal process may be served in the
Principal or with a Subcontractor of the Principal for labor,material, or
both, used or reasonably required for use in the performance of the state in which the aforesai d project is located, save that such service
Contract, labor and material being construed to include that part of need not be made by a public officer.
water, gas, power, light, heat, oil, gasoline, telephone service or rental b) After the expiration of one (1) year following the date on which
of equipment directly applicable to the Contract. Principal ceased Work on said Contract, it being understood, however,
2. The above named Principal and Surety hereby jointly and sever- that if any limitation embodied in this bond is prohibited by any law
ally agree with the Owner that every claimant ac herein defined, who controlling the construction hereof such limitation shall deemed to
be amended so as to be equal to the minlrnum period of li mitation aer-
has not been paid in full befnre the expiration of a periM of ninety (90) mitted by such law.
days after the date on which the last o' such claimant's work or labor c) Other than in a state court of competent jurisdiction in and for
was done or performed, or materials were furnished by such claimant.
may sue on this frond for the use of sitch claimant, prosecute the sL it the county or other political subdivision of the state in which the
to final judgment for such sum or sums as may be Justly due claimant, Project, or any part thereof, is situated, or in the United States District
and have execution thereon. The Owner shad not be liable for the pay. Court for the district in which the Project, or any part thereof, is situ•
ment of any costs or expenses of any such suit, ated,and not elsewhere.
3. No suit or action shall be commenced hereunder by any claimant: 4. The amount of this bond shall be reduced by and to the extent
a) Unless claimant, other than one having a direct contract with the of any payment or payments made in good faith hereunder, inclusive of
Principal, shall have given written notice to any two of the following: the payment by Surety of mechanics'liens which may be filed of record
the Principal, the Owner,or the Surety above nained,within ninety (90) against said improvement, whether or not claim for the amount of such
days after such claimant did or performed the last of the work or labor, lien by presented under and against this bond.
.Q; ed and sealed this / 18 day of September 19 81
Socal Constructors, Inc.
• (Principal) !:,r:all
(Witness) U'I
(Title)
National Bonding and Acci&nit Insurance Company
BY
Na 411149 Linda K. Moore Attorney-in-Fact ,
Natldly al Bond I llg and Accidclit.I lisu rabic �()Illpany
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, a
corporation duly organized and existing under the laws of the State of New York,and having Its principal office in the City of New
York,New York,hath made,constituted and appointed,and does by these presents make and constitute and appoint
ROBERT A. SODERLAND, LINDA K. MOORE, KENNETH D. BATES, RICHARD KORTE, and J. DALE
KOESTER,all of ST. LOUIS, MISSOURI.
and each of them its true.and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf as surety any
and all bonds or undertakings Not exceeding$250,000.00,
and the execution of such bonds or undertakings in pursuance of these presents,shall be binding upon said Company as fully and
amply,to all Intents and purposes,as if such bonds were signed by the President,sealed with the corporate seal of the Company W
and duty attested by Its Secretary,hereby ratifying and confirming all the acts of said Attomey-in-Fact pursuant to the power
herein given.This Power of Attorney Is made and executed pursuant to and by authority of the following resolutions adopted by CM
the Board ofDirectors of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY at a meeting duly called and held O
on the 13th day of March,1972: _-
Resolved:That the President,or any Vice-President,may execute for and in behalf of the company any and all bonds, Ca
recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,the same to be attested when C=D
necessary and the seal of the company affixed thereto by the Secretary,or any Assistant Secretary;and that the President, 0
or any Vice-President,may appoint and authorize an Attomey-in-Fact to execute on behalf of the company any and all such
Instruments and to affix the seal of the company thereto;and that the President,or any Vice-President, may at any time
remove such Attomey-in-Fact and revoke all power and authority given to any such Attomey-in-Fact. O
Resolved:That Attomeys-in-Fact may be given full power and authority to execute for and in the name and on behalf of the
company any and all bonds,recognizances,contracts of Indemnity,and all other writings obligatory in the nature thereof,
and any such Instrument executed by any such Attorney-In-Fact shall be as binding upon the company as if signed by the
President and sealed and attested by the Secretary, and, further, Attomeys-In-Fact are hereby authorized to verify any
affidavit required to be attached to bonds, recognizances,contracts of indemnity,and all other writings obligatory in the
nature thereof,and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as
any resolution of the Directors having to do with the execution of bonds,recognizances,contracts of Indemnity,and all other
writings obligatory in the nature thereof,and to certify copies of the Power of Attorney or with regard to the powers of any of
the officers of the company or of Attomeys-in-Fact.
Alm This Power of attomey Is signed and sealed under the authority of the following Resolution adopted by the Directors of the
NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY at a meeting duly called and held on the 13th day of March,
1972:
"Resolved:That the signature of the President,or any Vice-President,and the signature of the Secretary or any Assistant
Secretary ma be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing
Attomeys-in-Fact for purposes on�r of executing and attesting any bond, undertaidng, recognizance or other written
obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the company as
the company as the original signature of such officer,to be valid and binding upon the company with the same force and
effect as though manually affixed."
IN WITNESS WHEREOF,the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY,has caused these presents to
be signed by Its President and its corporate seal to be hereto affixed,duly attested by its Secretary this 4th day of April,1977.
NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY
Attest: -- Secretary By. President
STATEOF MISSOURI %.k.
CITY OF ST.LOUIS
On this 4th day of April,1977,before me personally came F.Carl Schumacher,Jr.,President and Philip L.Chamberlain,Executive
Vice-President and Secretary of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY to me personally known to
be the Individuals and officers described In and who executed the Preceding instrument,and they acknowledged the execution of
the same,and being by me duly swom,sayeth that they are the said officers of the Company aforesaid,and that the seal affixed to
the preceding Instrument Is the corporate seal of said Company and that the said corporate seal and their signatures as such
officers is duly affixed and subscribed to the said instrument by the authority and direction of the said Company.
rA.Ry
co {� c??; Joh app �Pjnubl'c
9(M mmission xpre 79)
CERTIFICATE
o I, the undersigned,Vice President of the NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY, a New York Cor-
poration,do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore,that
c the Resolutions of the Board of Directors set forth in the power of attorney are now in force.
Ln
zSigned and sealed at the City of St.Louis. Dated this day gf, September '1981
WARNING This is a An
righted document.cop /
yy y
unauthorized reproduction is prohibited. THIS qtr
POWER IS VOID unless the seals are readable, Vice President
text Is In black Ink,signatures are in blue Ink and
seals and warning are In red ink. 1978 National Bonding and Accident Insurance Company
CORPORATION
STATE OF MISSOURI
COUNTY OF ST.LOUIS ss.
On this 18 day of September 1981 before me, a Notary Public of the State and County aforesaid, residing
therein, duly commissioned and sworn, personally came Linda K. Moore , to me known, who being
by me first duly sworn according to law, did depose and say that he resides In ST. LOUIS,MISSOURI ; that he Is
,f 'ATTORNEY IN FACT Cf NATIONAL BONDING AND ACCIDENT INSURANCE COMPANY the
corporation described In and which executed the foregoing Instrument; that he knows the seal of said corporation; that the seal affixed to such Instru•
ment Is such corporate seal; that It was so aff ixed by order of the Board of Directors of said corporation and that he signed his name thereto by like
order; that he executed and delivered such Instrument on behalf of said corporation as Its voluntary act an eed for)thnuses and purposes therein
mentioned,
JOHN SAPPY Public
N for the unty of St. Louis
a1....; a which adjoins the City of St. Louis
-,NB 5073 '10135 My Commission Expires March 12, 1983
_
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